Sentencing guidelines; written explanation; appeal. Requires that the written explanation the court files with the record of a case when departing from the sentencing guidelines adequately explains the sentence imposed to promote fair sentencing. The bill also provides that the failure to follow any of the required sentencing provisions, including the failure to provide a written explanation that adequately explains the sentence imposed, shall be reviewable on appeal or may the basis of any other post-conviction relief. The bill also provides that the failure to provide a written explanation that adequately explains the sentence imposed is error that may constitute a basis for resentencing by the trial judge. Under current law, the failure to follow any or all of the provisions of the sentencing guidelines or the failure to follow any or all of such provisions in the prescribed manner is not reviewable on appeal and cannot be the basis of any other post-conviction relief. The provisions of the bill apply only to those sentencing hearings conducted and such sentences imposed on or after July 1, 2022.
Petition for modification of sentence; eligibility; procedures. Provides a petition process for a person servinga sentence for any conviction or a combination of any convictionswho remains incarcerated in a state or local correctional facilityand meets certain criteria to petition the circuit court that enteredthe original judgment or order to (i) suspend the unserved portionof such sentence or run the unserved portion of such sentence concurrentlywith another sentence, (ii) place such person on probation for suchtime as the court shall determine, or (iii) otherwise modify the sentenceimposed.
Campaign finance; prohibited personal use ofcampaign funds; complaints, hearings, civil penalty, and advisory opinions. Prohibits any person from converting contributionsto a candidate or a candidate's campaign committee for their personaluse. Current law only prohibits such conversion of contributions with regard to disbursement of surplus funds at the dissolution of a campaignor political committee. The bill provides that a contribution isconsidered to have been converted to personal use if the contribution,in whole or in part, is used to fulfill any commitment, obligation,or expense that would exist irrespective of the person's seeking,holding, or maintaining public office but excepts from "personaluse" the ordinary and accepted expenses related to campaigning foror holding elective office, including the use of campaign funds topay for the candidate's child care expenses that are incurred asa direct result of campaign activity. Any person subject to the personaluse ban may request an advisory opinion from the State Board of Electionson such matters. The bill directs the State Board of Elections toadopt emergency regulations similar to those promulgated by the FederalElection Commission to implement the provisions of the bill and toprovide an updated summary of Virginia campaign finance law thatreflects the Attorney General's opinion and any new regulations promulgatedby the State Board of Elections.
African Diaspora Heritage Month. DesignatesSeptember, in 2022 and in each succeeding year, as African DiasporaHeritage Month in Virginia.
Additional local sales and use tax to support schools. Adds the City of Charlottesville to the list of localities that, under current law, are authorized to impose an additional local sales and use tax at a rate not to exceed one percent, with the revenue used only for capital projects for the construction or renovation of schools.
Discovery in criminal cases; copies of discovery for the accused. Provides that for any discovery materials or evidence that the accused is permitted to inspect and review, the accused may request the Commonwealth to copy or photograph such discovery materials or evidence, and the Commonwealth shall provide such copies or photographs, electronically or otherwise, to the accused or his counsel.
Authority of Governor to grant relief from finesand penalties. Eliminates provisions of the Code requiring aperson seeking the Governor's relief from fines and penalties tofirst file a petition with the circuit court for such relief.
Supporting the Jones Act. Expresses thesense of the General Assembly in supporting the Jones Act.
Board of Pharmacy; cannabis registration. Eliminates the Board of Pharmacy patient registration requirement for medical cannabis. The bill maintains the requirement that patients obtain a written certification from a health care provider to obtain medical cannabis.
Wage or salary history inquiries prohibited; civil penalty. Prohibits a prospective employer from (i) seeking the wage or salary history of a prospective employee; (ii) relying on the wage or salary history of a prospective employee in determining the wages or salary the prospective employee is to be paid upon hire; (iii) relying on the wage or salary history of a prospective employee in considering the prospective employee for employment; (iv) refusing to interview, hire, employ, or promote a prospective employee or otherwise retaliating against a prospective employee for not providing wage or salary history; and (v) failing or refusing to provide a prospective employee the wage or salary range for the position for which the prospective employee is applying prior to discussing compensation and at any time upon the prospective employee's request. The bill establishes a cause of action for an aggrieved prospective employee or employee and provides that an employer that violates such prohibitions is liable to the aggrieved prospective employee or employee for statutory damages between $1,000 and $10,000 or actual damages, whichever is greater, reasonable attorney fees and costs, and any other legal and equitable relief as may be appropriate. The bill also provides for civil penalties for violations not to exceed $1,000 for a first violation, $2,000 for a second violation, and $4,000 for a third or subsequent violation. The bill has a delayed effective date of July 1, 2023.
Determination of competency; report to Commissionerof Behavioral Health and Developmental Services. Provides thata copy of the competency report shall be sent to the Commissionerof Behavioral Health and Developmental Services for the purpose of(i) conducting peer review and (ii) monitoring use of forensic assessmentsby the courts and their impact on the defendants and the public.Under current law, copies of such reports are sent to the Commissionerof Behavioral Health and Developmental Services for the purposesof establishing and maintaining the list of approved evaluators.
Breeding dogs for certain research prohibited. Prohibits for two years a person who has received a particular citation from the U.S. Department of Agriculture (USDA) on or after July 1, 2023, from breeding or raising a dog for the purpose of selling or transferring the dog, or its offspring, to an animal research facility outside of the United States, or to an animal research facility located in the United States that will use the dog for testing or research not required by federal law or regulation. The bill allows a person who has received such a USDA citation to offer a dog or cat in his possession for release or adoption in certain circumstances. The provisions of the bill do not become effective unless reenacted by the 2023 Session of the General Assembly.
